G.

G. v. City of Lafayette

Good Law
United States District Court, Northern District of CaliforniaNovember 29, 20213:21-cv-03545California7,158 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AUDREY G., et al., Case No. 21-cv-03545-WHO

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

CITY OF LAFAYETTE, et al., Re: Dkt. No. 14 Defendants.

12 Plaintiffs Audrey G., Devin G., and Jesse B., minors, and James Larry Benton, Sr., (collectively, “plaintiffs”) bring nine causes of action in their First Amended Complaint (“FAC”) based on alleged violations of their civil rights by Lafayette police officers during an incident on a highway. As alleged, this incident plausibly supports claims for intentional infliction of emotional distress and negligence. The officers involved are not known to plaintiffs; I will allow these claims to proceed to discovery to identify them. But as defendants the City of Lafayette, Officer White, Police Chief Ben D. Alldritt, and Contra Costa County point out in their motion to dismiss, most of the causes of action are not sufficiently pleaded. Plaintiffs attempt to remedy…

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